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Tresierras/Asbestos Removal 04e4/13/2004 14:06 6267943339 TRESIERRAS INC PAGE 02 AGREEMENT This AGREENIEN'T', made and entered into at Altadena, Los Angeles County, California, this 'day of April 2004, by and between TREStERR,A.►h CONSTRUCTION, INC. (hereinafter "CONTRACTOR"), with its principle office at 2235 N. Lake Ave., Suite 107, Altadena, CA 91001 and CITY OF LA QUINTA, (hereinafter "CUSTOMER"), with its principle office at La Quinta, P.O. Box 1504, La Quints, CA 92253, California. 1. SCOPE OF WORK: SUBCONTRACTOR hereby a,prd::s to perform the following construction work at the job site address of 46115 Jefferson ,S--Creet, La Quinta, California; A. CONTRACTOR to remove and dispose approx. 2000 sq.ft. of acoustical spay cuing, B. CONTRACTOR to remove and dispose approx. of asbestos containing floor tile and mastic, C. CONTRACTOR to provide SCAQMD and Cal Csha notices, D. CONTRACTOR to dispose all material at an approved landfill and provide a manifest thereof, E. CUSTOMER to provide CONTRACTOR with necessary EPA Numbers. 2, COIVIIV WCEIVIENT AND COMPLETION: CONTIZACWTOR to commence abatement ten (10) wo*ing days after required notices to ;"CAQMD have been given. Notices will be given upon CONTRACTOR receiving fully executed contract from CUTOMER. 3. CONTRACT PRICE: CUSTOMER agrees to pay C()WRACTOR the sum of Four Thousand Three Hundred Fifty -Three US Dollars ($ 4,35:1.00) upon completion of all work. 4. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties and supersedes any prior or contemporaneous written or oral agreement between the parties. There are no representation s, warranties, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this AGREEMENT except as specifically see: forth in this AGREEMENT. 5. SEVERABILITY: The invalidity of any provision of this AGREEMENT as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision of this AGREEMENT. 6. HEADINGS: The headings at the beginning of the varjous provisions and/or sub- pmvisions in this AGREEMENT are for iinformation purpc ses only and shal I not be construed to define, limit, expand or affect any provision ofthis AGREEMENT. PAGE 1 OF 2 04/13/2004 14:06 6267943339 TRESIERRAS INC PAGE 03 7. CQUINTERPARTS: This AGREEMENT may be :signed its one (1) or more countOrperts, each of which shall Constitute an original but all of which together shall constitute one and the same document. 9. GOVERNING LAW AND JURISDICTIQN: Thi:> AuREEMENT shall be governed under the laws of the State of California and jurisdiction shall lie in Riverside County, California. 9. ,ATTORNEYS FEES: In the event any party to this AGREEMENT commences any lotion or proceeding against the other party to enforce: the terms of this AGREEMENT or to declm rights under this AGREEN E.NT, the party prevailing; in such action or proceeding shall be entitled to recover front the other party the prevailing party's reasonable attorney fees and costs, including, but r rot limited to filing fees, expert witness fees, wig fees, and any and all other fees and costs. lU. INDEMNITY. Contractor shall defend, indemn: fy ,and hold harmless the City, its officers, employees, representatives and agents (`°Indemnil ed Parties"), from and against those actions, suits, proceedings, claims, demands. lo:;ses, costs, and expenses, including legal costs and attomeys' fees, for injury or death of person(s), for damage to property (including property owned by the City) and error; and omissions committed by Contractor, its officers, employees and agents which arise out of the negligent performaxwe under this Agreement except to the extent of'such loss being caused by the City's own negligence or that of its officers, employees, or agents. In the event the Indemnified Parties are made a party to any action, lawsui-:, or other adversarial proceeding in any way involving such claims, Contractor s hall provide a defense to the Indemnified Parties, or at the City's option, reimburse the 'hd-nnnified Parties their costs of defense, including reasonable attorney fees incurred in defense of such claim. In addition Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the hKieminified Parties. Page 2 of 3 04/13/2004 14:06 6267943339 TRESIERRAS INC PAGE 04 11, STATE LICENSE BOARD: Contractors are requ: gyred by law to be licensed by the California Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractor's State License Board, 9835 C ioethe Street, Sacramento, CA 95826. Executed ota Apr*1 31004P at L a Q u i n t a, California. CONTRACTOR: TRESTECtRAS CONSTRUCTION, INC. -4imuVe, 4d 1::,A- Y 9 &�z Nam And Tide cusToMEx: CTTY OF LA QU1NfA BY: —����► "rev ��'��_ �o Name & Title PAGE 3 OF 3